Title ABC, Alcoholic Beverage Control

§ 127-c. Refunds on licenses and permits erroneously or unlawfully\ncancelled, revoked or suspended. If a license or permit issued under\nthis chapter is cancelled, revoked or suspended and thereafter the\naction of the state liquor authority effecting such cancellation,\nrevoca…

§ 127-d. Refunds on over-payment of fees; permit not issued. Monies\nheretofore or hereafter received by the authority pursuant to this\nchapter may, within three years from the receipt thereof, be refunded to\nthe applicant for the license or permit, on satisfactory proof that:…

§ 128. Certain officials not to be interested in manufacture or sale\nof alcoholic beverages. 1. Except as otherwise provided in section one\nhundred twenty-eight-a and section one hundred twenty-eight-b of this\narticle, it shall be unlawful for any police commissioner, police\…

§ 128-a. Police officers allowed to work in licensed premises in\ncertain cases. Notwithstanding any inconsistent provision of law to the\ncontrary, the authority shall promulgate such rules and regulations as\nmay be necessary to provide that it shall not be unlawful for a poli…

§ 128-b. Police officers allowed to serve as an officer of a volunteer\nfirefighters' organization. Notwithstanding any inconsistent provision\nof law to the contrary, a volunteer firefighters' organization shall not\nbe precluded from applying for an on-premises license or perm…

§ 128-c. Police officers allowed to serve as an officer of veterans'\norganization. Notwithstanding any inconsistent provision of law to the\ncontrary, a veterans' organization, including, but not limited to the\nVeterans of Foreign Wars, the American Legion, or any other "veter…

§ 129. Surrender of license; notice to police officials. Within three\ndays after a license shall have been revoked pursuant to this chapter,\nnotice thereof shall be given to the licensee by mailing such notice\naddressed to him at the premises licensed. Notice shall also be ma…

§ 13. Removal. Any member of the authority may be removed by the\ngovernor for cause after an opportunity to be heard. A statement of the\ncause of his removal shall be filed by the governor in the office of the\nsecretary of state.\n

§ 130. Penalties for violations of chapter. 1. Any person who\nmanufactures for sale or sells alcoholic beverages, other than the\nillicit alcoholic beverages as defined in section one hundred fifty,\nwithout having an appropriate license therefor, or whose license has\nbeen rev…

§ 131. New York alcoholic beverage control problem premises task\nforce. 1. There is hereby created within the authority the New York\nalcoholic beverage control problem premises task force (hereinafter\n"task force"), which shall consist of employees of the authority as\ndesign…

§ 14. Vacancies; quorum. 1. In the event of a vacancy caused by the\ndeath, resignation, removal or disability of any commissioner, the\nvacancy shall be filled by the governor by and with the advice and\nconsent of the senate for the unexpired term.\n 2. (a) In the event of a v…

§ 140. Applicability of chapter before local option. Until such time\nas it shall become unlawful to sell alcoholic beverages in any town or\ncity by the vote of the voters in such town or city in the manner\nprovided in this article, all of the provisions of this chapter shall\…

§ 141. Local option for towns. 1. Not less than sixty days nor more\nthan seventy-five days before the general election in any town at which\nthe submission of the questions hereinafter stated is authorized by this\narticle, a petition signed by electors of the town to a number …

§ 142. Local option for cities. 1. Not less than sixty days nor more\nthan eighty days before the general election in the year nineteen\nhundred thirty-five in any city, and before any subsequent general\nelection in the city at which the submission of the questions\nhereinafter…

§ 143. Filing certificate of result with liquor authority. Whenever\nat an election a vote shall be taken on the local option questions\npursuant to sections one hundred forty-one or one hundred forty-two in\nany town or city, the officer or board charged by law with the duty of…

§ 144. Contesting validity of petition. Proceedings may be instituted\nand maintained to contest the validity, sufficiency or legality of any\npetition provided for in this article, in the manner provided by the\nelection law, as though such petition were a certificate of nomina…

§ 145. False statements and forgery. A person who forges the\nsignature of any person upon any petition or statement provided for in\nthis article shall be guilty of forgery in the third degree and on\nconviction thereof be punished accordingly.\n

§ 147. Effective duration of local option determination. 1. In any\ntown or city in which a vote shall be taken on any one or more of the\nlocal option questions provided for in this article, no further vote\nshall be submitted upon any local option question that was presented t…

* § 15. Officers; employees; offices. Investigators employed by the\nauthority shall be deemed to be peace officers for the purpose of\nenforcing the provisions of this chapter or judgements or orders\nobtained for violation thereof, with all the powers set forth in section\n2.2…

§ 150. Definitions. Whenever used in this article only, unless the\ncontext requires otherwise:\n 1. "Illicit alcoholic beverage" means and includes any alcohol or\ndistilled spirits owned, manufactured, distributed, bought, sold,\nbottled, rectified, blended, treated, fortified…

§ 151. Possession of illicit alcoholic beverages. Any person who\nshall knowingly possess or have under his control any illicit alcoholic\nbeverages is guilty of a misdemeanor.\n

§ 152. Sale of illicit alcoholic beverages. (a) Any person who shall\nknowingly barter or exchange with, or sell, give or offer to sell or to\ngive another any illicit alcoholic beverage is guilty of a misdemeanor.\n (b) Any person who shall possess or have under his control or\…

§ 153. Stills and distilling apparatus. Any person who shall\nmanufacture any illicit alcoholic beverage or who, not being duly\nlicensed as a distiller under the provisions of the alcoholic beverage\ncontrol law, shall own, operate, possesses or have under his control any\nstil…

§ 154. Premises used for manufacture or storage of illicit alcoholic\nbeverages. Any person who, being the owner, lessee, or occupant of any\nroom, shed, tenement, booth or building, float or vessel, or part\nthereof, knowingly permits the same to be used for the manufacture,\nd…

§ 155. Punishment for second offenders. Any person who is convicted\nof violating section one hundred fifty-two or section one hundred\nfifty-four of this chapter and who has been previously convicted of a\nviolation of either of these said sections or after the effective date\n…

§ 16. Disqualification of members and employees of authority. No\nmember of the authority or any officer, deputy, assistant, inspector or\nemployee thereof shall have any interest, direct or indirect, either\nproprietary or by means of any loan, mortgage or lien, or in any other…

§ 160. Construction of chapter. This chapter shall be so construed as\nto assure that the policy of the state and the intent and purpose\nthereof will be carried out.\n

§ 161. Invalidity; effect of. If any part, provision or section of\nthis chapter or the application thereof to any person or circumstances\nshall be held invalid by any court of competent jurisdiction, the\nremainder thereof or the application of such part, provision or section\…

§ 162. Laws repealed; effect of repeal; saving clause. 1. Chapter one\nhundred eighty of the laws of nineteen hundred thirty-three, entitled\n"An act relating to the manufacture, sale, control, distribution and\nregulation of certain alcoholic beverages, constituting chapter thr…

§ 163. Time of taking effect. This chapter shall take effect July\nfirst, nineteen hundred thirty-four except that the state liquor\nauthority and the local alcoholic beverage control board may, prior to\nJuly first, nineteen hundred thirty-four, receive and entertain such\nappl…

§ 164. Saving clause on repeal of article three. 1. The repeal of\narticle three by the chapter of the laws of nineteen hundred ninety-five\nwhich added this section shall not operate or be construed to invalidate\nor affect any action heretofore taken by the several county alco…

* § 17. Powers of the authority. The authority shall have the\nfollowing functions, powers and duties: 1. To issue or refuse to issue\nany license or permit provided for in this chapter.\n 2. To limit in its discretion the number of licenses of each class to\nbe issued within th…

* § 18. Powers and duties of the chairman. The chairman shall have the\nfollowing functions, powers and duties:\n 1. To exercise the powers and perform the duties in relation to the\nadministration of the division of alcoholic beverage control as are not\nspecifically vested by …

§ 19. Oath of office. Each member of the authority shall, before\nentering upon his duties, take and file an oath of office as prescribed\nby section ten of the public officers law.\n

§ 2. Policy of state and purpose of chapter. It is hereby declared as\nthe policy of the state that it is necessary to regulate and control the\nmanufacture, sale and distribution within the state of alcoholic\nbeverages for the purpose of fostering and promoting temperance in t…

§ 3. Definitions. Whenever used in this chapter, unless the context\nrequires otherwise:\n 1. "Alcoholic beverage" or "beverage" mean and include alcohol,\nspirits, liquor, wine, beer, cider and every liquid, solid, powder or\ncrystal, patented or not, containing alcohol, spirit…

§ 30. Mead producers' license. 1. Any person may apply to the liquor\nauthority for a mead producers' license as provided for in this section.\nSuch application shall be in writing and shall contain such information\nas the liquor authority shall require. Such application shall …

§ 31. Farm meadery license. 1. Any person may apply to the authority\nfor a farm meadery license as provided for in this section to produce\nmead and braggot within this state for sale. Such application shall be\nin writing and verified and shall contain such information as the\…

§ 32. Authorization for sale of mead and braggot by retail licensees.\n1. Each retail licensee under this chapter shall have the right, by\nvirtue of his or her license and without being required to pay any\nadditional fee for the privilege, to sell at retail for consumption on\…

§ 33. Authorization for sale of mead and braggot by wholesale\nlicensees. 1. Each wholesale licensee authorized to sell beer under this\nchapter shall have the right, by virtue of its license and without being\nrequired to pay any additional fee for the privilege, to sell at\nwh…

§ 34. Mead and braggot tasting. Any person holding a retail license\nunder this chapter shall be permitted to conduct consumer tastings of\nmead and braggot upon such person's licensed premises. All such tastings\nshall be subject to the following limitations:\n 1. Tastings of m…

§ 35. Direct interstate mead and braggot shipments. 1. Authorization.\nNotwithstanding any provision of law, rule or regulation to the\ncontrary, any holder of a license to manufacture mead and/or braggot in\nany other state, who obtains an out-of-state direct shipper's license,…

§ 36. Direct intrastate mead and braggot shipments. Any person having\napplied for and received a manufacturing license under this chapter\nwhich includes the privilege of producing mead and/or braggot may ship\nno more than thirty-six cases (no more than nine liters per case) o…

§ 50. Kinds of licenses. The following kinds of licenses may be\nissued for the brewing and sale of beer:\n 1. Brewer's licenses;\n 2. Brewer's retail licenses;\n 3. Wholesaler's licenses;\n 4. Vendor's licenses;\n 5. Licenses to sell beer at retail for consumption off the premi…

§ 51. Brewer's license. 1. Any person may apply to the liquor\nauthority for a license to brew beer within this state for sale. Such\napplication shall be in writing and verified and shall contain such\ninformation as the liquor authority shall require. Such application\nshall b…

§ 51-a. Farm brewery license. 1. Any person may apply to the authority\nfor a farm brewery license as provided for in this section to brew beer\nwithin this state for sale. Such application shall be in writing and\nverified and shall contain such information as the authority sha…

§ 52. Custom beermakers' center. 1. Any person may apply to the\nauthority on or before December thirty-first, two thousand nineteen for\na custom beermakers' center license as provided for in this section to\noperate a custom beermakers' center facility and provide individuals\…

§ 53. Wholesaler's license. Any person may apply to the liquor\nauthority for a license to sell beer at wholesale. Such application\nshall be in writing and verified and shall contain such information as\nthe liquor authority shall require. Such application shall be\naccompanied…

§ 53-a. Vendor's license. In cities having a population of one million\nor more, any individual person may apply for a license to sell beer as a\nvendor. Such application shall be in writing, and verified, and shall\ncontain such information as the liquor authority shall require…

§ 54. License to sell beer at retail for consumption off the premises.\n1. Any person may apply to the appropriate board for a license to sell\nbeer at retail not to be consumed upon the premises where sold. Such\napplication shall be in writing and verified and shall contain su…